A Constitutional Reading of the Federal Supreme Court Decision No. (213/Federal/2025)

Abstract

The research undertakes a constitutional analysis of the decision of the Federal Supreme Court No. (213/Federal/2025), focusing on the extent to which the Court adhered, in exercising its interpretive jurisdiction, to the constitutional provisions relating to the caretaker government (Government of Daily Affairs) under the 2005 Constitution .The study demonstrates that the Iraqi Constitution specifies only two cases in which the government is transformed into a caretaker government—namely, the withdrawal of confidence from the Council of Ministers and the dissolution of Parliament—whereas the decision introduced a third case, namely the general election day. This constitutes a constitutive (creative) interpretation that exceeds the Court’s interpretive jurisdiction and amounts to an implicit amendment of the Constitution .The research concludes that Article (56) is a clear constitutional provision that does not require interpretation, and that constitutional philosophy confines the restriction of governmental powers to exceptional cases, with the aim of ensuring the continuity of public services.